Citation : 2026 Latest Caselaw 1067 Kant
Judgement Date : 10 February, 2026
-1-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100866 OF 2025
(482(CR.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 102702 OF 2024
CRIMINAL PETITION NO. 103394 OF 2024
CRIMINAL PETITION NO. 103610 OF 2024
CRIMINAL PETITION NO. 100677 OF 2025
CRIMINAL PETITION NO. 100875 OF 2025
WRIT PETITION NO. 104847 OF 2024 (GM-RES)
IN CRL.P NO. 100866/2025
BETWEEN:
CHANDRASHEKAR
LAXMAN
KATTIMANI
1. SRI. MALLAPPA S/O YAMUNAPPA SAGAR
AGE. 34 YEARS, OCC. BUSINESS,
Digitally signed by
CHANDRASHEKAR
LAXMAN
R/AT. WARD NO. 5, ZANDA GALLI,
KATTIMANI
Date: 2026.02.17
BAGALKOT TQ AND
16:59:14 +0530
DIST. BAGALKOT-587101.
2. SRI RAVI S/O YAMUNAPPA SAGAR
AE. 49 YEARS, OCC. BUSINESS,
R/AT WARD NO. 5, ZANDA GALLI,
BAGALKOT TQ AND DIST. BAGALKOT.
...PETITIONERS
(BY SMT. DEEPA P. DODDATTI, ADVOCATE)
AND:
-2-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
1. THE STATE OF KARNATAKA
REP BY ITS POLICE SUB-INSPECCTOR
POLICE STATION , BAGALKOT CEN CRIME PS,
DIST. BAGALKOT-587101
REP BY THE ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA ,
DHARWAD BENCH DHARWAD.
2. SRI GOPAL S/O SATTEPPA HITTHALMANI
AGE. 58 YEARS, OCCP. DEPUTY DIRECTOR,
DEPARTMENT OF TOURISM BAGALKOT
R/AT DISTRICT ADMINISTRATIVE BHAVAN
ROOM NO. 137 BAGALKOTE, 587101
...RESPONDENTS
(BY SRI. B.A. BELLIAPPAM, SPP. A/W SMT. KIRTILATA R.
PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF
CR.P.C.,SEEKING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONERS/ACCUSD NO. 20 AND 21 FOR THE
OFFENCE P/U/SEC. 403, 406, 409 AND 420 OF IPC IN CRIME
NO. 18/2024 IN BAGALKOTE CEN POLICE STATION PENDING
ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM
BAGALKOTE, IN THE INTEREST OF JUSTICE.
IN CRL.P NO. 102702/2024
BETWEEN:
1. SRI KIRAN S/O. ARUN ZINGADI
AGE. 36 YEARS, OCCP BUSINESS
R/AT HOUSE NO.24 BHAVANI BUILDING,
22 ND CROSS NEAT LION SCHOOL,
VIDYAGIRI BAGALKOT,
TQ AND DIST BAGALKOT-587102.
2. SRI. MANJUNATH S/O RUDRAPPA KOTI
AGE. 36 YEARS, OCCP. BUSINESS
R/AT WARD NO.11, 19TH CROSS, ENG COLLEGE
ROAD,
VIJAY NAGAR BAGALKOT,
-3-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
TQ AND DIST BAGALKOT-587102.
3. SRI. SHIVRAJ S/O. THIPPANNA ATANUR
AGE. 33 YEARS, OCCP COOLI
R/AT WARD NO.5, BAGALKOT.
4. SRI. MANJUNATH S/O. NAGAPPA BHOVI
AGE. 46 YEARS, OCCP. PRIVATE EMPLOYEE,
R/AT GANGAI STREET, KUNDAGOL,
TQ KUNDAGOL, DIST. DHARWAD.
5. SMT. SAVITHA D/O. THIPPANNA ATTANUR
AGE. 34 YEARS, OCC. PRIVATE EMPLOYEE
R/AT DODDA SABBANNA ONI,
BAGALKOT TQ AND DIST BAGALKOT.
6. SMT. GEETHA D/O. THIPPANNA ATTANUR
AGE. 32 YEARS, OCCP. PRIVATE EMPLOYEE,
R/AT DODDADA SABBANNA ONI
BAGALKOT, TQ AND DIST. BAGALKOT.
...PETITIONERS
(BY SRI. DEEPA P. DODDATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS POLICE SUB INSPECTOR
POLICE STATION, BAGALKOT CEN CRIME PS
DIST. BAGALKOT 587101
REP BY THE ADDL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
2. SRI. GOPAL S/O SATTEPPA HITTHALMANI
AGE. 58 YEARS, OCCP DEPUTY DIRECTOR
DEPARTMENT OF TOURISM BAGALKOT
R/AT DISTRICT ADMINISTRATIVE BHAVAN
ROOM NO. 137 BAGALKOT,
TQ AND DIST BAGALKOT.
...RESPONDENTS
(BY SRI. B.A. BELLIAPPA SPP. A/W. SMT. KIRTILATA R.
-4-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE FIR AND
COMPLAINT INITIATED AGAINST THE
PETITIONERS/ACCUSED NO.11, 12, 16, 17,18 AND 19 FOR
THE OFFENCES PUNISHABLE U/S 403, 406, 409 AND 420
OF IPC IN CRIME NO.18/2024 IN BAGALKOT CEN POLICE
STATION PENDING ON THE FILE OF THE PRL.CIVIL JUDGE
(SR.DN) AND CJM BAGALKOT.
IN CRL.P NO. 103394/2024
BETWEEN:
SRI. MAHESH S/O. PRAKASH JALAWADI
AGE. 37 YEARS, OCC. BUSINESS,
R/AT WARD NO.10, 7TH CROSS,
VINAYAK NAGAR, BAGALKOT,
TQ. AND DIST. BAGALKOT.
...PETITIONER
(BY SRI. DEEPA P. DODDATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS POLICE SUB-INSPECTOR,
POLICE STATION, BAGALKOT CEN CRIME PS,
DIST. BAGALKOT-587101
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SRI. GOPAL S/O. SATTEPPA HITTHALMANI
AGE. 58 YEARS, OCC. DEPUTY DIRECTOR
DEPARTMENT OF TOURISM BAGALKOT,
R/AT DISTRICT ADMINISTRATIVE BHAVAN,
ROOM NO.137, BAGALKOT,
TQ. AND DIST. BAGALKOT,
...RESPONDENTS
(BY SRI. B.A. BELLIAPPA SPP. A/W. SMT. KIRTILATA R.
PATIL, HCGP)
-5-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
NOTICE SERVED TO R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
INITIATED AGAINST THE PETITIONER/ACCUSED NO. 10
FOR THE OFFENCES P/U/SEC. 403, 406, 409 AND 420 OF
IPC IN CRIME NO.18/2024 ON BAGALKOTE CEN POLICE
STATION PENDING ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE (SR.DN) AND CJM BAGALKOTE, IN THE INTEREST
OF JUSTICE.
IN CRL.P NO. 103610/2024
BETWEEN:
1. SMT. SAVITA ATANOOR
D/O. TIPPANNA ATANOOR,
AGED ABOUT 34 YEARS,
OCC. PRIVATE EMPLOYEE,
R/O. DODDA SABBANNA ONI, BAGALKOT.
2. SHIVARAJ @ SHIVU S/O. TIPPANNA ATANOOR,
AGED ABOUT 26 YEARS,
OCC. COOLIE,
R/O. DODDA SABBANNA ONI, BAGALKOT.
3. SMT. GEETA ATANOOR,
D/O. TIPPANNA ATANOOR,
AGED ABOUT 34 YEARS,
OCC. PRIVATE EMPLOYEE,
R/O. DODDA SABBANNA ONI, BAGALKOT.
4. SRI. MANJUNATH BHOVI,
S/O. NAGAPPA BHOVI,
AGED ABOUT 46 YEARS,
OCC. PRIVATE EMPLOYEE,
R/O. GANGAI STREET,
KUNDAGOL, BAGALKOT.
...PETITIONERS
(BY SMT. DEEPA P. DODDATTI, ADVOCATE)
-6-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS POLICE SUB-INSPECTOR,
BAGALKOT CEN CRIME POLICE STATION,
DISTRICT. BAGALKOT-587101
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SRI. MEHABOOB M. TUMBARAMATTI,
S/O. MAINUDDIN,
AGED ABOUT 32 YEARS,
WORKING AS DISTRICT OFFICER,
BACKWARD CLASS WELFARE DEPARTMENT,
ROOM NO.101,
DISTRICT ADMINISTRATIVE BHAVAN,
BAGALKOT, DISTRICT. BAGALKOT-01
...RESPONDENTS
(BY SRI. B.A. BELLIAPPA SPP. A/W. SMT. KIRTILATA R.
PATIL, HCGP)
NOTICE SERVED TO R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.23/2024 ON THE FILE OF
PRL.CIVIL JUDGE (SR.DN) AND CJM, BAGALKOT FOR THE
OFFENCES PUNISHABLE U/S 403, 406, 409, 420, 120B,
119, 464, 468, 471 R/W 34 OF IPC, 1860 REGISTERED BY
THE BAGALKOT CEN CRIME POLICE STATION, BAGALKOT,
IN SO FOR AS PETITIONERS/ACCUSED NO.6 TO 9 ARE
CONCERNED, IN THE INTEREST OF JUSTICE.
IN CRL.P NO. 100677/2025
BETWEEN:
-7-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
SRI. CHANDRASHEKAR ATANOOR S/O TIPPANNA
ATANOOR
AGE. 38 YEARS. OCC. PRIVATE EMPLOYEE
R/O. DODDA SABBANNA ONI, BAGALKOT.
...PETITIONER
(BY SRI. DEEPA P. DODDATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP.BY ITS POLICE SUB-INSPECTOR
BAGALKOT CEN CRIME POLICE STATION
DISTRICT BAGALKOT-587101
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
2. SRI MEHABOOB M. TUMBRAMATTI S/O MAINUDDIN
AGE. 32 YEARS, OCC. WORKING AS DISTRICT
OFFICER
BACKWARD CLASS WELFARE DEPARTMENT
ROOM NO.101, DISTRICT ADMINISTRATIVE BHAVAN
BAGALKOT, DIST. BAGALKOT-01.
...RESPONDENTS
(BY SRI. B.A. BELLIAPPA SPP. A/W. SMT. KIRTILATA R.
PATIL, HCGP FOR R1;
NOTICE SERVED TO R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH
THE ENTIRE PROCEEDINGS IN CRIME NO. 23/2024 ON THE
FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM,
BAGALKOT FOR THE OFFENCES P/U/SEC. 403, 406, 409,
420, 120B, 119, 464, 468, 471 R/W 34 OF IPC, 1860
REGISTERED BY THE BAGALKOTE CEN CRIME POLICE
STATION, BAGALKOTE, IN SO FOR AS
-8-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
PETITIONER/ACCUSED NO.5 IS CONCERNED, IN THE
INTEREST OF JUSTICE.
IN CRL.P NO. 100875/2025
BETWEEN:
1. SRI. MANJUNATH S/O RUDRAPPA KOTI
AGE. 38 YEARS, OCC.BUSINESS,
R/AT/ WARD NO. 11, 9TH CROSS ENG COLLEGE ROAD,
VIDYA NAGAR BAGALKOT
TQ AND DIST. BAGALKOT-587102.
2. SRI KIRAN S/O ARUN ZINGADI
AGE. 38 YEARS, OCC. BUSINESS,
R/AT. HOUSE NO. 24, BHAVANI BUILDING
22ND CORSS NEAR LION SCHOOL VIDYAGRI
BAGALKOT TQ AND DIST, BAGALKOT-587102
3. SRI RAVI S/O YAMUNAPPA SAGAR
AGE. 48 YEARS, OCC. BUSINESS,
R/AT HOUSE NO. 95
WARD NO. 05, NEAR SHIRUR AGASI
ZENDA GALLI, VTC BAGALKOT
TQ AND DIST. BAGALKOT-587101.
4. MALLAPPA S/O YAMUNAPPA SAGAR
AGE. 35 YEARS, OCC BUSINESS,
R/O AT HOME NO. 95, WARD NO. 05
NEAR ZENDA GALLI, VTC BAGALKOT,
TQ AND DIST. BAGALKOT-587101.
...PETITIONERS
(BY SRI. DEEPA P. DODDATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS POLICE INSPECTOR,
POLICE STATION , BAGALOT CEN CRIME PS,
DIST.-BAGALKOT-587101
REP BY THE ADDL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA ,
-9-
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
DHARWAD BENCH, DHARWAD.
2. SRI MEHABOOB S/O MYNUDDIN THUMBARAMATTI
AGE. 33 YEAR, OCC. DEUTY DIRECTOR,
DEPARTMENT OF WELFARE OF BACKWARD CLASSES,
R/AT. DISTRICT ADMIISTRATIVE BHAVAN,
ROOM NO. 101, BAGALKOT 587101.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF
CR.P.C. SEEKING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONERS/ACCUSED NO. 10, 11, 12 AND
15 FOR THE OFFENCES P/U/SEC. 403, 406, 409, 420,
120B, 119, 464, 468, 471, 34 OF IPC IN CRIME NO.
23/2024 IN BAGALKOT CEN POLICE STATION PENDING N
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM
BAGALKOT, IN THE INTEREST OF JUSTICE.
IN WP NO. 104847/2024
BETWEEN:
1. GOPALKRISHNA KUPPAN
AGE. YEARS, OCC. MANAGER,
IDBI BANK BAGALKOT BRANCH, BAGALKOT,
PERMANENT
R/O. 2/77, NALLAMPALYAM,
KONNAIYAR, DIST. NAMAKKAL,
STATE. TAMILNADU,
NOW RESIDING AT BAGALKOT, DIST. BAGALKOT.
...PETITIONER
(BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY PRINCIPAL SECRETARY,
- 10 -
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
DEPARTMENT OF HOME,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIKAS SOUDHA, BENGALURU 560001.
2. THE DEPUTY COMMISSIONER, BAGALKOT,
DISTRICT BAGALKOT-587101.
3. THE SUPERINTENDENT OF POLICE BAGALKOT,
DIST : BAGALKOT-587101.
4. THE POLICE SUB-INSPECTOR,
CEN CRIME POLICE STATION,
BAGALKOT, DIST : BAGALKOT-587101.
5. GOPAL S/O SATYAPPA HITTALAMANI
DEPUTY DIRECTOR TOURISM DEPARTMENT,
BAGALKOT,
AGE : 58 YEARS, DIST : BAGALKOT-587101
7. SHIVANAD S/O BALAPPA PATTANASHETTI
DISTRICT OFFICER, MINORITY WELFARE
DEPARTMENT, BAGALKOT,
AGE : 31 YEARS,
R/O : MOULANA AZAD BHAVAN, NAVANAGAR,
BAGALKOT,
DIST. : BAGALKOT-587101.
8. MALLANAGOUDA S/O RAMANAGOUDA BIRADAR
EXECUTIVE ENGINEER, PANCHAYATH RAJ
ENGINEERING DEPARTMENT, BAGALKOT,
AGE : 57 YEARS,
ROOM NO.125, DISTRICT ADMINISTRATIVE OFFICE,
BAGALKOT,
DIST. :BAGALKOT-587101.
9. MEHABOOB S/O MAINUDDIN TUMBARAMATTI
DISTRICT OFFICER, BACKWARD CLASSES
DEPARTMENT, BAGALKOT,
AGE : 32 YEARS,
R/O : DISTRICT MINORITY WELFARE OFFICE, ROOM
- 11 -
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
NO.101,
DISTRICT ADMINISTRATIVE OFFICE, BAGALKOT,
DIST : BAGALKOT-587101.
10. SANTOSH S/O MALLAPPA CHARKHANI
DEPUTY DIRECTOR DEPARTMENT OF HANDLOOM AND
TEXTILES
AGE : 40 YEARS, R/O., ROOM NO.140/141, DISTRICT
ADMINISTRATIVE OFFICE, BAGALKOT,
DIST : BAGALKOT-587101.
...RESPONDENTS
(BY SRI. B.A. BELLIAPPA SPP. A/W. SMT. KIRTILATA R.
PATIL, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, R/W. 482 OF CR.P.C., 1973
(SEC.528 BNSS) PRAYING TO,
1. ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR
DIRECTION, TO DIRECT THE RESPONDENT NO. 1 TO HAND
OVER THE INVESTIGATION TO THE INDEPENDENT
IMPARTIAL AGENCY LIKE CBI OR OTHER AGENCY IN THE
INTEREST OF JUSTICE. IN,
I) CRIME NO. 18/2024, DATED 11-07-2024 REGISTERED
UNDER SECTION 403,406, 409, 420 IPC, VIDE ANNEXURE-
B.
II) CRIME NO 21/2024, DATED 25/07/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 464, 468, 471 R/W
120B AND 34 IPC, VIDE ANNEXURE C.
III) CRIME NO 22/2024, DATED 25/07/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 464, 468, 471 R/W
34 IPC, VIDE ANNEXURE D.
IV) CRIME NO 23/2024, DATED 03/08/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420,119, 464, 468, 471
IPC, VIDE ANNEXURE E.
- 12 -
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
V) CRIME NO 24/2024, DATED 03/08/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 468, 471 R/W 120B
IPC, VIDE ANNEXURE F.
REGISTERED BY THE RESPONDENT NO.4 (CEN POLICE
STATION BAGALKOT) PENDING ON THE FILE OF PRINCIPAL
CIVIL JUDGE (SR.DN.) AND CJM COURT BAGALKOT
DISTRICT IN SO FAR AS PETITIONER BANK AND ITS
OFFICIALS ARE CONCERNED.
2. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
APPROPRIATE WRIT ORDER OF DIRECTION TO QUASH THE.
I) CRIME NO. 18/2024, DATED 11/07/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420 IPC, VIDE ANNEXURE-
B.
II) CRIME NO 21/2024, DATED 25/07/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 464, 468, 471 R/W
120B AND 34 IFC, VIDE ANNEXURE C.
III) CRIME NO 22/2024, DATED 25/07/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 464, 468, 471 R/W
34 IPC, VIDE ANNEXURE D.
IV) CRIME NO 23/2024, DATED 03/08/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 119, 464, 468, 471
IPC, VIDE ANNEXURE E.
V) CRIME NO 24/2024, DATED 03/08/2024 REGISTERED
UNDER SECTION 403, 406, 409, 420, 468, 471 R/W 120B
IPC, VIDE ANNEXURE F.
REGISTERED BY THE RESPONDENT NO.4 (CEN POLICE
STATION. BAGALKOT) PENDING ON THE FILE OF PRINCIPAL
CIVIL JUDGE (SR.DN.) AND CJM COURT BAGALKOT
DISTRICT IN SO FAR AS PETITIONER BANK AND ITS
OFFICIALS ARE CONCERNED.
3. ISSUE ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION WHICH DEEMS FIT TO GRANT BY THIS COURT.
- 13 -
NC: 2026:KHC-D:2026
CRL.P No. 100866 of 2025
C/W CRL.P No. 102702 of 2024
CRL.P No. 103394 of 2024
HC-KAR AND 4 OTHERS
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri Iranagouda K. Kabbur and Smt.Deepa
Pavan Doddatti, learned counsel for the petitioners; and
Sri B.A. Balliappa, learned SPP for the State, assisted by
Smt. Kirtilata R. Patil, learned High Court Government
Pleader for the respondent Nos.1 and 2.
2. The prayers in all these petitions are as under:
Wherefore it is prayed that this Hon'ble Court be pleased to quash the proceedings initiated against the petitioners/accused No.20 & 21 for the offences punishable under Section 403,406,409 and 420 of IPC in crime No.18/2024 in Bagalkot CEN Police station pending on the file of the Principal Senior Civil Judge and CJM Bagalkot in the interest of justice and equity.
- 14 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
Wherefore it is prayed that this Hon'ble Court be pleased to quash the quash the FIR and Complaint initiated against the petitioners/accused No.11,12,16,17,18 and 19 for the offences punishable under Section 403,406,409 and 420 of IPC in crime No.18/2024 in Bagalkot CEN Police station pending on the file of the Principal Civil Judge (Sr.Dn) and CJM Bagalkot in the interest of justice and equity.
Wherefore it is prayed that this Hon'ble Court be pleased to quash the proceedings initiated against the petitioner/accused No.10 for the offences punishable under Section 403,406,409 and 420 of IPC in crime No.18/2024 in Bagalkot CEN Police station pending on the file of the Principal Civil Judge (Sr.Dn) and CJM Bagalkot in the interest of justice and equity.
Wherefore, the Petitioners most respectfully pray that, this Hon'ble Court may be pleased to quash the entire proceedings in Crime No. 23/2024 on the file of Principal Civil Judge (Sr. Dn.) and CJM, Bagalkot for the offences punishable under section 403, 406, 409, 420, 120B, 119, 464, 468, 471 R/w. 34 of Indian Penal Code, 1860 registered by the Bagalkot CEN Crime Police Station, Bagalkot, in so for as Petitioners/Accused Nos.6 to 9 are concerned, in the interest of justice and equity.
- 15 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
Wherefore, the Petitioner/accused No.5 most
respectfully pray that, this Hon'ble Court may be pleased to quash the entire proceedings in Crime No. 23/2024 on the file of Principal Civil Judge (Sr. Dn.) and CJM, Bagalkot for the offences punishable under section 403, 406, 409, 420, 120B, 119, 464, 468, 471 R/w. 34 of Indian Penal Code, 1860 registered by the Bagalkot CEN Crime Police Station, Bagalkot, in so for as Petitioner/accused No.5 are concerned, in the interest of justice and equity.
Wherefore it is prayed that this Hon'ble Court be pleased to quash the proceedings initiated against the petitioners/accused No.10,11,12 & 15 for the offences punishable under Section 403, 406, 409, 420, 120B, 119, 464, 468, 471, 34 of IPC in crime No.23/2024 in Bagalkot CEN Police station pending on the file of the Principal Senior Civil Judge and CJM Bagalkot in the interest of justice and equity.
WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to,
- 16 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
1. Issue Writ of Mandamus or any other Order or Directions, to direct the Respondent No. 1 to hand over the investigation to the independent impartial agency like CBI or other agency in the interest of justice. In,
i) Crime No. 18/2024, dated 11/07/2024 registered under section 403, 406, 409, 420 IPC, vide Annexure B.
ii) Crime No 21/2024, dated 25/07/2024 registered under section 403, 406, 409, 420, 464, 468, 471 R/w 120B and 34 IPC, vide Annexure C.
iii) Crime No 22/2024, dated 25/07/2024 registered under section 403, 406, 409, 420, 464, 468, 471 R/w 34 IPC, vide Annexure D.
iv) Crime No 23/2024, dated 03/08/2024 registered under section 403, 406, 409, 420,119, 464, 468, 471 IPC, vide Annexure E.
v) Crime No 24/2024, dated 03/08/2024 registered under section 403, 406, 409, 420, 468, 471 R/w 120B IPC, vide Annexure F. registered by the Respondent No.4 (CEN Police Station Bagalkot) pending on the file of Principal Civil Judge (Sr.Dn.) and CJM Court Bagalkot District in so far as Petitioner Bank and its officials are concerned.
2. Issue a writ in the nature of Certiorari or any appropriate Writ Order of direction to Quash the;
i) Crime No. 18/2024, dated 11/07/2024 registered under section 403, 406, 409, 420 IPC, vide Annexure B.
- 17 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
ii) Crime No 21/2024, dated 25/07/2024
registered under section 403, 406, 409, 420, 464, 468, 471 R/w 120B and 34 IFC, vide Annexure C.
iii) Crime No 22/2024, dated 25/07/2024 registered under section 403, 406, 409, 420, 464, 468, 471 R/w 34 IPC, vide Annexure D.
iv) Crime No 23/2024, dated 03/08/2024 registered under section 403, 406, 409, 420, 119, 464, 468, 471 IPC, vide Annexure E.
v) Crime No 24/2024, dated 03/08/2024 registered under section 403, 406, 409, 420, 468, 471 R/w 120B IPC, vide Annexure F.
registered by the Respondent No.4 (CEN Police Station Bagalkot) pending on the file of Principal Civil Judge (Sr.Dn.) and CJM Court Bagalkot District in so far as Petitioner Bank and its officials are concerned.
3. Issue any other appropriate Writ, Order or Direction which deems fit to grant by this Hon'ble Court."
3. The petitioners are shown as accused in Crime
No.18/2024 registered at CEN Police Station, Bagalkot.
The investigation was subsequently handed over to the
CID on 21.08.2024. Thereafter, the CID took up the
investigation and substantial progress has been made.
4. During the course of investigation, statement of
witnesses have been recorded and documents have been
- 18 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
collected. The main accused, by name Suraj, an
outsourced employee of IDBI Bank, has been arrested.
5. Based on his voluntary statement, the
Investigating Officer was able to seize certain documents.
The seized documents were compared with the admitted
signatures of all concerned by forwarding the same to a
handwriting expert. The report received from the
handwriting expert forms part of the case papers and has
been placed before the Court today.
6. Taking note of the magnitude of the alleged
fraud and the number of persons involved, the
investigation has been undertaken in a comprehensive
manner. At present, the investigation conducted by the
investigating agency appears to be proceeding in the right
direction.
7. According to the petitioners, including
Gopalakrishnan Kuppan, the Bank has repatriated the
defrauded amount to the concerned departments of the
Bagalkot District. However, the investigating agency is yet
- 19 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
to recover the defrauded amount from the actual
beneficiaries of the fraud. Therefore, merely on the ground
that the amount has been repaid by the Bank, innocent
officials of the Bank, including the petitioner
Gopalakrishnan Kuppan, ought not to be arraigned as
accused in the charge sheet.
8. Likewise, Smt. Deepa Pavan Doddatti, learned
counsel appearing for the petitioners in the remaining
criminal petitions, would contend that the petitioners
represented by her are innocent account holders of IDBI
Bank, who neither deposited the amounts in question nor
issued any instructions to the Bank to transfer the same to
the beneficiaries.
9. She would further submit that the alleged
transactions are the result of a concoction by the Bank
officials, carried out behind the back of the account
holders. Therefore, the petitioners are in no way
concerned with the alleged fraud and are entitled to
appropriate relief.
- 20 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
10. However, since the investigation is still in
progress, it would be too premature at this stage to accept
the contentions advanced on behalf of the writ petitioner
as well as the accused/petitioners represented by
Smt.Deepa Pavan Doddatti in the criminal petitions.
11. Smt.Kirtilata R. Patil, learned High Court
Government Pleader, on instructions from the
Investigating Officer, would submit that the investigating
agency has taken steps to unearth the siphoned funds and
has identified certain assets alleged to be the proceeds of
the fraud, including a residential house.
12. She would further submit that necessary steps
are being taken to safeguard the interests of all
concerned.
13. It is further submitted that disclosing the details
of the investigation at this stage may adversely affect the
ongoing investigation.
14. In the light of rival contentions, this Court
perused material on record including investigation paperws
- 21 -
NC: 2026:KHC-D:2026
HC-KAR AND 4 OTHERS
furnished to the court on such it is noticed that prima
facie, the efforts made by the Investigating Agency appear
to be reasonable, and this Court, at this stage, is satisfied
with the progress of the investigation.
15. Hence, this Court is of the considered opinion
that the prayers sought in the petitions cannot be granted
at this stage. However, after completion of the
investigation and filing of the final report, if any adverse
material is found against the petitioners and a final report
is filed accordingly, it is open to them to challenge the
same in accordance with law, if so advised.
16. With the above liberty, the following:
ORDER
The petitions are dismissed.
Sd/-
(V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 118
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!